Jailed G20 defendant Alex Hundert will be starting trial on January 31, 2011 over allegations that his participation in University panel discussions in September this year contravened his bail condition to not participate in public demonstrations. Since the G20, Hundert has been forced to spend some 120 days in jail without going to trial for original charge of alleged “conspiracy” or any of the subsequent charges the Crown laid on him.
At the upcoming trial, the Crown will be arguing that speaking as an invited panelist at discussions at Wilfrid Laurier University on September 15, and at Ryerson University on September 17 (video for which is available at http://vimeo.com/15096905) constituted a public demonstration; a categorization also made by Justice of the Peace Inderpaul Chandhoke that Hundert and his lawyer will be challenging.
This conflation of public demonstrations and university panel discussions by the Crown and the JP has left University faculty across the province shocked and outraged. The Ontario Confederation of University Faculty Associations recently issued a statement in defence of Hundert saying, “Panel discussions are in no way public demonstrations, but are in fact a central part of the mission of our universities – promoting critical thought and developing knowledge. … This criminalization of legitimate dissent represents an assault on both Mr. Hundert’s freedom of expression and the freedom of our universities to foster debate and discussion on issues of public importance.”
Similarly, another strongly worded letter to the Attorney General of Ontario signed by 137 faculty members at York University stated, “We believe that Alex’s arrest for breach of bail conditions, and his subsequent bail conditions violate his Charter Rights, in particular, his freedom of association and assembly, and freedom of expression….We see it as part of a larger move to criminalize dissent and opposition to government policies.” The letter also went on to say, “Such arrests are having a chilling effect on discussions of such policies on university campuses and in the community.”
From jail, Hundert commented, “This fight which is about to enter a court of law is not just about the right to freedom of speech, it is about spaces where freedom is possible. The university is a space for ideas and campuses are a space where dissent is supposed to be protected. This fight is about defending those spaces.”
Added Rachel Avery, member of the organization AW@L and supporter of Hundert, “The crackdown during the G20, which involved hundreds of people being violently removed from the streets without charge, is a pattern that has continued beyond its most public moment in June. The recent report by the Ontario Ombudsman makes clear the collusion between police and multiple levels of government and thus their intention to stamp out dissent with presumed impunity.”
Originally arrested in a pre-emptive house raid on the morning of June 26, Hundert had been out on bail under draconian conditions that included a “no public demonstration” clause, a clause which the activist, and G20 defendant Jaggi Singh has mounted a constitutional challenge against. Hundert was re-arrested shortly after the speaking event at Ryerson University at his father’s house under the charge that he had breached his “no public demonstration” bail condition. Subsequently he was coerced into signing, and released under even more restrictive bail conditions, but was re-arrested a third time on Saturday, October 23. He has been in jail ever since.
Date: Thursday, October 14, 2010
Time: 6:30 p.m.
Location: Friend’s Meeting House, 60 Lowther Avenue, Toronto
RESERVE THE DATE
The Law Union of Ontario’s Annual General Meeting
The meeting is open to members and those interested in joining the Law Union.
The Steering Committee will update you on the projects with which we have been involved throughout the year. We will also look at what is planned for the coming year.
Elections will also be held for the Law Union’s new Steering Committee. If you plan to run for the Steering Committee, please send me a private e-mail, so that we can keep track and numbers (and know if we’ll need a “formal” election.) We encourage you to join the Steering Committee and otherwise get involved with our good causes. We are always in need of more people to work on the many projects.
Food and socializing to follow…details T.B.A.
We hope to see you there!!
Lawyers, law students, paralegals, law professors and other social activists in the legal field may join the Law Union and/or come to the meeting.
Co-hosted by the Summit Legal Support Project of the Movement Defence
Committee (MDC) and the Law Union of Ontario.
Join us on August 8th to learn about:
– how to file a human rights claim
– the police complaints process
– how you can sue the police
– the class action lawsuit(s) (that are currently in discussion)
Registration: Please register as soon as possible at http://tinyurl.com/g20legal
Purpose of Info Session: To provide basic legal information about how
each of these legal processes work, how to file claims, and who to
contact for further information.
Agenda: TBD. Over the next two weeks the agenda will be posted on our
website (movementdefence.org) with a specific time provided for each
type of legal process that we will cover. This will hopefully allow
you to better plan your Sunday afternoon.
Date & Time: Sunday August 8th, 2010; 1:30pm – 5:30 pm
Location: United Steelworkers Hall (wheel chair accessible), 25 Cecil
Street (near the intersection of College and Spadina).
Contact: For more info on the Summit Legal Support Project or this
event, email us at lawunionmdc@gmail.com or check out
movementdefence.org. For more information on the broader Law Union of
Ontario, please visit https://www.lawunion.ca/.
Note: Childcare and ASL interpretation will be provided. Please
request other accommodation as needed through our registration system
located here http://tinyurl.com/g20legal.
***IN THE MEANTIME, here is a “to-do list” for anyone who may have
grounds for a lawsuit or a complaint, or who witnessed a potential
complaint, and who has not yet consulted with a lawyer about it:
1) Write down everything that you remember about what happened, and
when and where it happened, while it is still fresh in your mind.
– These notes should be made on your own, based on your own memory.
Have support of friends or the psycho-social support team
(peertopeersupportforactivists@gmail.com) nearby as this process could
be triggering.
•- Date the document and on the top of each page write “Confidential:
for my lawyers eyes only”. This may help to keep the information
confidential between you and your lawyer.
– For most people, it’s easiest to go chronologically. Be as precise
as possible regarding dates, times, places, etc.
– Write down the names and contact information for any witnesses you know of.
– Write down any details you have about the police officer(s) involved
– badge number (or the absence of any visible badge number), helmet
number, name, police force, description of uniform, and any other
identifying information – and what the officer(s) did.
– Be sure to keep copies of any video/audio/photo evidence with dates,
times and locations. Again, mark it as “for my lawyers eyes only” if
it is footage that you don’t want made public.
– If possible, include the impact the events had on you. If you are
injured or traumatized, this is important to document, along with
medical records, counselling appointments, time off from work, etc.
– Keep at least one hard copy only in a safe place to show only to
your legal counsel. DO NOT send us details of your case, of your
actions or other’s actions, and DO NOT send your personal
documentation to us.
2) Public Testimonials
– You might want to write or speak publicly about your experiences,
but it is important if you do to be more general than when you’re
documenting the events for your lawyer (as described above) because
anything you say in public can be used in court later. And lawyers for
the other side will check to see if you’ve been consistent in all your
descriptions.
– Also remember that your statements can be used in regards to other
people’s legal claims, so keep that in mind when describing events
where other people were involved as well.
3) If you were physically injured or traumatized by what happened to
you, or feel unsure about the effects of any trauma you might have
experienced:
– see a doctor right away if you haven’t yet;
– take photographs or videos of any visible injuries; and
– write down a list and description of the physical and mental
injuries you sustained.
4) Keep a record of all out-of-pocket costs, no matter how trivial
(e.g., taxi fare, TTC fare, or vehicle mileage for getting home from
the detention centre, getting to or from court, or getting to or from
a doctor’s or lawyer’s office; pain medication or wound dressings;
uninsured therapy costs, lawyers’ fees, etc.). Keep all receipts.
5) Write down a detailed list of all property that was lost or damaged
(clothing, bicycles, backpacks, personal belongings, etc.).
6) Keep track of any employment or other income you have lost as a
result of being detained or as a result of your physical or
mental injuries arising from the incident.
7) If you would like to be contacted in the future concerning possible
legal options, email your contact information to MDC by visiting
http://movementdefence.org/contact.
8) Check back at the MDC website regularly for updated info,
http://movementdefence.org